The court upheld the validity of the ongoing criminal proceedings, emphasizing that quashing should only occur in rare cases and that sufficient prima facie evidence existed to proceed with the trial.

JUDGMENT :

(Ajay Kumar Gupta, J.)

1. This instant Criminal Revisional application has been filed by the petitioner under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding being Khardah P.S. Case No. 664 of 2017 dated 08.09.2018 vide G.R. No. 6017/17 under Sections 498(A)/406/382/511/506 of the Indian Penal Code, 1860 pending before the Learned A.C.J.M at Barrackpore.

2. It is the specific case of the petitioner that the Opposite Party No. 2 initiated false case against the Petitioner. A fake marriage was performed in between the petitioner and the opposite party no. 2 on 08.02.2012 and fulsajjya took place at the residence of the petitioner at Simultala, P.O. & P.S. – Bongaon, District – North 24 Parganas within Bongaon Police Station not within the jurisdiction of Khardah Police Station and/or in Barrackpore jurisdiction. Furthermore, marriage was not consummated.

3. The opposite party no. 2, Sudeshna Malakar residing separately from the petitioner at her parental house due to strained relations. The de-facto complainant/opposite party no. 2 gave birth to a male child on 25.10.2012 under the supervision of the parents of the de-facto complainant/opposite party no. 2 at Charmack Hospital, Teghoria, Kolkata – 700 157.

4. Since marriage, de-facto complainant/opposite party no. 2 has been humiliating the prestige, honour and dignity of the petitioner and threatening the petitioner not to communicate with the de-facto complainant/opposite party no. 2 either physically and/or over telephone.

5. Lastly on 27.01.2017, the de-facto complainant/opposite party no. 2 sent last signal through her letter stating in details therein that there is no chance of the conjugal life in near future and clearly stated that if the petitioner failed to file a case u/s 13B of Hindu Marriage Act at an early date then the de-facto complainant taught lessons by filing criminal cases against the petitioner.

6. Thereafter, the de-facto complainant filed a criminal case against the petitioner on 27.01.2018 before the Learned ACJM at Barrackpore being M.P. Case No. 1410 of 2017 indicating falsely as if the petitioner had committed offence punishable under Sections 498(A)/406/382/511/506 of the IPC.

7. The contention of the petitioner is that the de-facto complainant did not live with the petitioner even for a single day at her matrimonial house since solemnized of such fake marriage. Marriage was not consummated. De-facto complainant has been residing at her parental house all along and now residing at Nandan Apartment, Khardah, North 24-Parganas. The de-facto complainant filed aforesaid case outside the jurisdiction of the Barrackpore Court suppressing all the material facts and only to harass the petitioner as such it is out and out motivated and abuse of process of law. According, the proceeding is liable to be quashed.

8. Khardah P.S. Case No. 664 of 2017 dated 08.09.2018 vide G.R. No. 6017/17 under Sections 498(A)/406/382/511/506 of the Indian Penal Code, 1860 initiated against the Petitioner is totally false, fabricated and for the purpose of harassing the petitioner in a calculated manner and defrauding money from the petitioner in such meandering way. Hence this application.

9. On the contrary, the Learned Counsel appearing on behalf of the Opposite party no.2 vehemently argued by denying all the allegations of the Petitioner and further submitted that in pursuant to advertisement in the news paper, their marriage was solemnized on 08.02.2012 at a rented house “Kunja Vaban” Palta and marriage was registered under the Special Marriage Act, 1954 before the Marriage Registrar Officer vide certificate Sl. No. 36/2012 dated 08.02.2012. At the time of marriage, the parents of the Opposite party had gifted cash, gold ornaments, clothing and other valuable other articles to the complainant and same was entrusted to the Petitioner.

10. On the date of Bhoubhat ceremony i.e. on 10.02.2012, the petitioner rebuk